Svalbard Treaty

The Svalbard Treaty (originally the Spitsbergen Treaty) recognises the sovereignty of Norway over the Arctic archipelago of Svalbard, at the time called Spitsbergen. The exercise of sovereignty is, however, subject to certain stipulations, and not all Norwegian law applies. The treaty regulates the demilitarisation of the archipelago. The signatories were given equal rights to engage in commercial activities (mainly coal mining) on the islands. As of 2012[update], Norway and Russia are making use of this right.

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The original treaty is entitled the Treaty recognising the sovereignty of Norway over the Archipelago of Spitsbergen. It refers to the entire archipelago as "Spitsbergen", which had been the only name in common usage since 1596 (with minor variations in spelling). In 1925, five years after the conclusion of the treaty, the Norwegian authorities proceeded to officially rename the islands "Svalbard". This new name was a modern adaptation of the ancient toponym Svalbarði, attested in the Norse sagas as early as 1194. The exonym "Spitsbergen" subsequently came to be applied to the main island in the archipelago. Accordingly, in modern historiography the Treaty of Spitsbergen is commonly referred to anachronistically as the Svalbard Treaty to reflect the name change.[7][8]

The archipelago was discovered by the Dutch explorer Willem Barentsz in 1596 and named Spitsbergen, meaning "sharp-peaked mountains". It was uninhabited. The islands were renamed in the 1920s by Norway as Svalbard.

Spitsbergen/Svalbard began as a territory free of a nation, with people from different countries participating in industries including fishing, whaling, mining, research and later, tourism. Not belonging to any nation left Svalbard largely free of regulations or laws, though there were conflicts over the area due to whaling rights and sovereignty disputes between England, the Netherlands and Denmark–Norway in the first half of the 17th century. By the 20th century mineral deposits were found on the main island and continual conflicts between miners and owners created a need for a government.

The Spitsbergen Treaty was signed in Paris on 9 February 1920, during the Versailles negotiations after World War I. In this treaty, international diplomacy recognized Norwegian sovereignty (the Norwegian administration went in effect by 1925) and other principles relating to Svalbard. This includes:[5]

Svalbard is part of Norway: Svalbard is completely controlled by and forms part of the Kingdom of Norway. However, Norway's power over Svalbard is restricted by the limitations listed below:

Taxation: This allows taxes to be collected, but only enough to support Svalbard and the Svalbard government. This results in lower taxes than mainland Norway and the exclusion of any taxes on Svalbard supporting Norway directly. Also, Svalbard's revenues and expenses are separately budgeted from mainland Norway.

Environmental conservation: Norway must respect and preserve the Svalbard environment.

Non-discrimination: All citizens and all companies of every nation under the treaty are allowed to become residents and to have access to Svalbard including the right to fish, hunt or undertake any kind of maritime, industrial, mining or trade activity. The residents of Svalbard must follow Norwegian law, though Norwegian authority cannot discriminate against or favor any residents of any given nationality.

Military restrictions: Article 9 prohibits naval bases and fortifications and also the use of Svalbard for war-like purposes. It is not, however, entirely demilitarized.

There has been a long-running dispute, primarily between Norway and Russia (and before it, the Soviet Union) over fishing rights in the region.[9][10] In 1977, Norway established a regulated fishery in a 200-nautical-mile (370 km) zone around Svalbard (though it did not close the zone to foreign access).[9] Norway argues that the treaty's provisions of equal economic access apply only to the islands and their territorial waters (4 nautical miles at the time) but not to the wider exclusive economic zone. In addition, it argues that the continental shelf is a part of mainland Norway's continental shelf and should be governed by the 1958 Continental Shelf Convention.[10] The Soviet Union/Russia disputed and continues to dispute this position and consider the Spitsbergen Treaty to apply to the entire zone. Talks were held in 1978 in Moscow but did not resolve the issue.[9] Finland and Canada support Norway's position, while most of the other treaty signatories have expressed no official position.[9] The relevant parts of the treaty are as follows:

Ships and nationals of all the High Contracting Parties shall enjoy equally the rights of fishing and hunting in the territories specified in Article 1 and in their territorial waters. (from Article 2)

They shall be admitted under the same conditions of equality to the exercise and practice of all maritime, industrial, mining or commercial enterprises both on land and in the territorial waters, and no monopoly shall be established on any account or for any enterprise whatever. (from Article 3)

"Mainly the dispute is about whether the Svalbard Treaty also is in effect outside the 12-nautical-mile territorial sea," according to Norway's largest newspaper, Aftenposten.[11] If the treaty comes into effect outside the zone, then Norway will not be able to claim the full 78% of profits of oil- and gas harvesting, said Aftenposten in 2011.[12]

A list of parties (sorted alphabetically) is shown below; the dates below reflect when a nation deposited its instrument of ratification or accession.[1][13] Some parties are successor states to the countries that joined the treaty, as noted below.

Czechoslovakia acceded to the treaty on 9 July 1930. On 21 June 2006, the Czech Republic informed that it considered itself bound to the treaty since its independence on 1 January 1993, as a successor state.

Ireland was part of the United Kingdom when the latter signed the treaty, but most of Ireland left the United Kingdom and formed the Irish Free State before the treaty was ratified. On 15 April 1976, Ireland informed that it also applied the treaty since its ratification by the United Kingdom.

Czechoslovakia acceded to the treaty on 9 July 1930. On 21 February 2017, Slovakia informed that it considered itself bound to the treaty since its independence on 1 January 1993, as a successor state.